GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-285
The General Assembly of North Carolina enacts:
Section 1. G.S. 53-122 reads as rewritten:
"§ 53-122.
Fees for examinations and other services. and assessments.
(a) For the
purpose of paying the salaries and necessary traveling expenses operating
and maintaining the office of the Commissioner of Banks, State bank
examiners, assistant State bank examiners, clerks, stenographers and other
employees of the Commissioner of Banks, banks and consumer finance
licensees doing business under the authority of Chapter 53 of the General
Statutes shall pay the following fees and assessments shall be
paid into the office of the Commissioner of Banks: Banks within
10 days after the assessment:
(1) Each bank
and each branch and each limited service facility of any bank which under the
laws of the State of North Carolina is subject to supervision and examination
by the Commissioner of Banks and is authorized to do business or is in process
of voluntary liquidation, shall, within 10 days after the assessment has been
made, pay into the office of the Commissioner of Banks according to its total
resources as shown by its report of condition made to the Commissioner of Banks
at the close of business December 31, 1978, and on the thirty-first day of
December, or the date most nearly approximating same of each year thereafter on
which a report of condition is made to the Commissioner of Banks not in excess
of the following fees for its annual examination: eighty-five dollars ($85.00)
for the first one hundred thousand dollars ($100,000) of assets or less, twelve
dollars ($12.00) for each one hundred thousand dollars ($100,000) or fraction
in excess thereof, and three dollars and fifty cents ($3.50) for each one
hundred thousand dollars ($100,000) or fraction thereof of trust assets, which
said trust assets shall not include real estate carried as such; provided,
however, with respect to loan agencies or brokers subject to the provisions of
Article 15 of Chapter 53 of the General Statutes, the fee shall be one hundred
seventy dollars ($170.00) for the first one hundred thousand dollars ($100,000)
of assets or less, and twelve dollars ($12.00) for each one hundred thousand
dollars ($100,000) or fraction in excess thereof.
(2) All
examinations made other than those provided for in subdivision (1) hereof shall
be deemed special examinations and for such special examination the bank shall
pay into the office of the Commissioner of Banks the following fees for each
special examination: eighty-five dollars ($85.00) for the first one hundred
thousand dollars ($100,000) of assets or less, twelve dollars ($12.00) for each
one hundred thousand dollars ($100,000) or fraction in excess thereof, and
three dollars and fifty cents ($3.50) for each one hundred thousand dollars
($100,000) or fraction thereof of trust assets, which said trust assets shall
not include real estate carried as such; provided, however, with respect to
loan agencies or brokers subject to the provisions of Article 15 of Chapter 53
of the General Statutes, the fee shall be one hundred seventy dollars ($170.00)
for the first one hundred thousand dollars ($100,000) of assets or less, and
twelve dollars ($12.00) for each one hundred thousand dollars ($100,000) or
fraction in excess thereof. The fees paid for special examination shall be
based on the assets of the bank examined as of the date of such examination.
(1) Banks. - Each bank shall pay a cumulative assessment based on its total assets, as shown on its report of condition made to the Commissioner of Banks as of December 31 each year or the date most nearly approximating the same, not to exceed the amount determined by applying the following schedule: (i) on the first fifty million dollars ($50,000,000) of assets, or fraction thereof, six thousand dollars ($6,000); (ii) on assets over fifty million dollars ($50,000,000), but not more than two hundred fifty million dollars ($250,000,000), twelve dollars ($12.00) per one hundred thousand dollars ($100,000), or fraction thereof; (iii) on assets over two hundred fifty million dollars ($250,000,000), but not more than five hundred million dollars ($500,000,000), nine dollars ($9.00) per one hundred thousand dollars ($100,000), or fraction thereof; (iv) on assets over five hundred million dollars ($500,000,000), but not more than one billion dollars ($1,000,000,000), seven dollars ($7.00) per one hundred thousand dollars ($100,000), or fraction thereof; (v) on assets over one billion dollars ($1,000,000,000), but not more than ten billion dollars ($10,000,000,000), five dollars ($5.00) per one hundred thousand dollars ($100,000), or fraction thereof; and (vi) on assets over ten billion dollars ($10,000,000,000), three dollars ($3.00) per one hundred thousand dollars ($100,000), or fraction thereof. Additionally, each bank shall pay an assessment on trust assets held by it in the amount of one dollar ($1.00) per one hundred thousand dollars ($100,000) of the assets, or fraction thereof; except that banks are not required to pay assessments on real estate held as trust assets.
(2) Consumer Finance Licensees. - Each consumer finance licensee shall pay an assessment not to exceed eighteen dollars ($18.00) per one hundred thousand dollars ($100,000) of assets, or fraction thereof, plus a fee of three hundred dollars ($300.00) per office; provided, however, a consumer finance licensee shall pay a minimum annual assessment of not less than five hundred dollars ($500.00). The assessment shall be determined on a consumer finance licensee's total assets as shown on its report of condition made to the Commissioner of Banks as of December 31 each year, or the date most nearly approximating the same.
(3) Special Assessment. - If the Commissioner of Banks determines that the financial condition or manner of operation of a bank or consumer finance licensee warrants further examination or an increased level of supervision, or in the event of a merger or conversion of a savings institution organized under State or federal law into a bank, or conversion of a federally chartered bank into a State bank, the institutions may be subject to assessment not to exceed the amount determined in accordance with the schedule set forth in subdivision (1) of subsection (a) of this section for banks or subdivision (2) for consumer finance licensees.
(3)(b) The Commissioner of Banks State
Banking Commission may by rule set the amount to be collected for
processing any application or petition proceeding required by law
to be filed with the Commissioner and for obtaining copies of any publication
or public record of the Banking Commission.
(4)(c) In all civil and criminal
cases tried in any of the courts of this State wherein any of the employees of
the Commissioner of Banks are used as witnesses, a fee of ten dollars
($10.00) per day day, to be determined by the presiding judge, and
actual expenses incurred shall be allowed such witnesses and the same shall be
paid to the Commissioner of Banks by the clerk of the court of the county in
which the case is tried and thereafter charged in bill of costs as are other
costs incurred in the trial; and in all civil actions tried in any of the
courts of this State, wherein any of the employees of the Commissioner of Banks
are required as witnesses, the party requiring such employee as witness shall
deposit with the Commissioner of Banks when the subpoena is served a sufficient
sum to cover the witness fee of ten dollars ($10.00) per day and expenses, and
such sums as may thus be advanced shall thereafter be charged in the bill of
costs as other costs are charged. All sums paid under this subdivision shall be
paid to the Commissioner of Banks as are fees for examination and used in like
manner. matter.
(5)(d) The total compensation and
necessary traveling expenses of the employees office of the
Commissioner of Banks shall not in any one year exceed the total fees collected
under the provisions of this section, provided such the expenses and
compensation may exceed the total fees collected in any year when surplus
funds are available.
(6)(e) In the first half of each calendar
year, the State Banking Commission shall review the estimated cost of
maintaining the office of the Commissioner of Banks for the next fiscal year.
If the estimated fees and assessments provided for under subdivisions
(1) and (2) this section shall exceed the estimated cost of
maintaining the office of the Commissioner of Banks for the next fiscal year,
then the State Banking Commission may reduce by uniform percentage the fees and
assessments provided for in subdivisions (1) and (2) of this section but
not in a percentage greater than fifty percent (50%) nor to an amount which
will reduce the amount of the fees to be collected below the estimated cost of
maintaining the office of the Commissioner of Banks for the next fiscal year. this
section. If the estimated fees and assessments provided for under subdivisions
(1) and (2) this section shall be less than the estimated cost of
maintaining the office of the Commissioner of Banks for the next fiscal year,
then the State Banking Commission may increase by uniform percentage the fees and
assessments provided for in subdivisions (1) and (2) of this section
to an amount which will increase the amount of the fees and assessments to
be collected to an amount at least equal to the estimated cost of maintaining
the office of the Commissioner of Banks for the next fiscal year. Such fees shall
be reduced whenever a surplus exists which exceeds the estimated cost of
operating the office of the Commissioner of Banks for one year, even if such
reduction shall result in the collection of a smaller sum than the estimated
cost of maintaining the office of the Commissioner of Banks for that year. In
no event shall any surplus at the end of any fiscal year resulting from the
collection of fees and assessments pursuant to this section revert to
the general fund.
(f) The Commissioner of Banks may collect the assessments provided for in subsection (a) of this section annually or in periodic installments as approved by the State Banking Commission."
Section 2. G.S. 53-184(b) reads as rewritten:
"(b) Each licensee shall
file annually with the Commissioner of Banks on or before the thirty-first day
of March for the 12 months' period ending the preceding December 31, reports on
forms prescribed by the Commissioner. Such reports Reports shall
disclose in detail and under appropriate headings the resources, assets
and liabilities of such licensee at the beginning and at the end of the
period, the licensee, the income, expense, gain, loss, and a
reconciliation of surplus or net worth with the balance sheets, the ratios of
the profits to the assets reported, the monthly average number and amount of
loans outstanding and a classification of loans made, by size and by security, and
such any other information as the Commissioner may require. Such
reports Reports shall be verified by the oath or affirmation of the
owner, manager, president, vice-president, cashier, secretary or treasurer of such
the licensee."
Section 3. G.S. 53-184(d) is repealed.
Section 4. This act becomes effective January 1, 1998, and applies to assessments due for years beginning with 1998.
In the General Assembly read three times and ratified this the 1st day of July, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 11:56 a.m. this 10th day of July, 1997